Random drug testing back in Delaware Valley district

Delaware Valley School District students will soon be required to provide a cup of drug-free urine for the privilege of driving to school or being involved in extracurricular activities.

BETH BRELJE

Delaware Valley School District students will soon be required to provide a cup of drug-free urine for the privilege of driving to school or being involved in extracurricular activities.

That is, one cup to get started, and then random urine tests as long as they remain involved.

Random, suspicionless drug testing has been the district's policy since 1996, but it was banned from practicing it since Pike County Judge Joseph Kameen issued a temporary injunction against testing in July 2011.

Kameen vacated the injunction Jan. 21 and ruled that Delaware Valley's drug-testing policy is constitutional and now may continue.

The injunction came at the request of the American Civil Liberties Union of Pennsylvania on behalf of Glenn and Kathy Kiederer of Milford, who objected when their then-12-year-old daughter was required to be tested for drugs to join the school scrapbooking club.

That daughter and another daughter refused to take the drug tests because the family believed it was a violation of their civil rights.

The injunction affected all students by temporarily banning the school from random, suspicionless drug testing until the case was heard.

Suspicion-based testing had been allowed and was not disputed.

"We are thrilled with the judge's decision. The testing program helped a lot of kids in the past — both those that were using drugs and those that used the program as a great excuse to not use drugs," Delaware Valley School District Superintendent John Bell said.

In his decision, Kameen said the district proved three key points: that there is an actual drug problem in the school district; individualized proof that the targeted students are likely part of the drug problem; and reasonable proof that the policy addresses the drug problem.

With board approval, testing of students in grades 6-12 will likely start in the spring, Bell said.